Rule of Civil Procedure 1.420 on lack
of prosecution was amended in 2005.In re:Amendments to the Florida Rules of Civil Procedure (Two Year Cycle),
917 So.2d 176 (Fla. 2005). The Court adopted Administrative Order 2006-016
PA/PI-CIR in order to implement this rule amendment. Currently, the Clerk prepares
a Notice of Lack of Prosecution in compliance with Rule of Civil Procedure Form
1.989 after no record activity for a period of ten (10) months and no stay has
been entered or approved by the Court. The Clerk then sends a subsequent Notice
of Intent to Dismiss pursuant to the Administrative Order. Rule of Civil Procedure 1.420(e)
provides that if is no record activity occurs within sixty (60) days
immediately following the service of the Notice of Lack of Prosecution and no
stay has been entered or approved by the Court or good cause shown, the action
shall be dismissed by the court on its own motion or on motion of any
interested person. The Supreme Court approved Rule of Civil Procedure Form
1.989(b), an Order of Dismissal, to be used in such situations.

The Clerk of the Circuit Court has
requested that the requirement for a second notice adopted in Administrative
Order 2006-016 PA/PI-CIR be eliminated due to cost concerns.Accordingly,

IT IS
ORDERED:

1.This Order applies to all cases governed by
the Rules of Civil Procedure, Family Law Rules of Procedure, Small Claims
Rules, and cases under Chapter 39, Florida Statutes. It does not apply to other
cases governed by the Rules of Juvenile Procedure, Rules of Criminal Procedure,
Probate Rules, Traffic Court Rules, or Rules of Appellate Procedure.

2.NOTICE OF LACK OF PROSECUTION

A.In
all matters in which there is no record activity for a period of ten (10)
months and no stay has been entered or approved by the Court, the Clerk of the
Circuit Court in Pasco County and the Clerk of the Circuit Court in Pinellas
County (Clerks of Court) shall automatically prepare a Notice of Lack of
Prosecution which shall substantially comply with Rule of Civil Procedure Form
1.989, a copy of which is attached as Exhibit 1.The Clerks of Court shall serve the
Notice of Lack of Prosecution on all parties in the case, as required by Rule
of Civil Procedure 1.420(e), and shall place a copy of the Notice in the court
file. The Notice shall contain a Certificate of Service and as set forth in Rule
of Civil Procedure 1.080, such service may be accomplished by mailing a copy of
the Notice to the parties' counsel of record, or if not represented by counsel,
to the party individually.

B.When
there is no record activity in a case for a period of sixty (60) days
immediately following the service of a Notice of Lack of Prosecution and if no
stay was issued or approved prior to the expiration of the sixty (60) day
period, the Clerks of Court shall automatically generate an Order of Dismissal
and provide it along with the court file, if such file is requested, to the
section judge. The Order of Dismissal shall substantially comply with Exhibit 2.This includes small claims cases where the
Rules of Civil Procedure have been applied pursuant to Small Claims Rule
7.020.

3.NOTICE OF INTENT TO DISMISS

A.The Clerks
of Court shall automatically prepare a Notice of Intent to Dismiss under the
following circumstances:

i.When a case is filed and the plaintiff
or petitioner has failed to provide proof of service on a defendant or
respondent within 120 days after filing the initial pleading as required by
Rule of Civil Procedure 1.070(j).

ii.When there is no record activity in a
small claims case for a period of six (6) months as provided for in Small
Claims Rule 7.110, excluding small claims cases where the Rules of Civil
Procedure have been applied pursuant to Small
Claims Rule 7.020.

The Clerks of Court shall send the
Notice of Intent to Dismiss to the parties in the
case, and place a copy of the Notice in the court file.

B.If a response to the Notice of Intent to
Dismiss is received within 30 days of the Notice, the Clerks of Court shall
provide the response and the court file to the section judge.

C.If no response is received within 30 days of
the Notice of Intent to Dismiss, the Clerks of Court shall automatically
generate an Order of Dismissal and provide it along with the courtfile, if such file is requested, to the
section judge.

4.IMPLEMENTATION

The Clerks of Court, the
Pasco County Data Processing Department, and the Pinellas County Business
Technology Department, as appropriate, shall take immediate action to make
changes necessary to implement this Order and take all actions necessary so
that the Clerk of Court can perform the functions specified in this Order.

Administrative Order 2006-016 PA/PI-CIR
is hereby rescinded.

DONE AND ORDERED in Chambers at
Clearwater, Pinellas County, Florida, this ______ day
of May, 2009.

PLEASE TAKE NOTICE that it appears on the face of the record
that no activity by filing of pleadings, order of court, or otherwise has
occurred for a period of 10 months immediately preceding service of this
notice, and no stay has been issued or approved by the court.Pursuant to rule 1.420(e), if no such record
activity occurs within 60 days following the service of this notice, and if no
stay is issued or approved during such 60-day period, this action may be
dismissed by the court on its own motion without further notice or hearing or
on the motion of any interested person, whether a party to the action or not,
after reasonable notice to the parties, unless a party shows good cause in
writing at least 5 days before the hearing on the motion why the action should
remain pending.

I CERTIFY THAT A
COPY HEREOF has been furnished to [Name and Address of Parties Receiving Notice]
by U.S. Mail on [date].

_______________________________

Deputy
Clerk

EXHIBIT 1

IN
THE CIRCUIT/COUNTY COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR
____________ COUNTY, FLORIDA

______________
DIVISION

CASE
NO. __________________________

____________________________

Plaintiff(s),

v.

_____________________________

Defendant(s).

MASTER ORDER DISMISAL

THIS CAUSE,came onupon
the Court’s own motion, pursuant to Rule of Civil Procedure 1.420(e).The Court finds that a Notice of Lack of
Prosecution was provided, there was no record activity during the 10 months
immediately preceding service of the foregoing notice; there was no record
activity during the 60 days immediately following service of the foregoing
notice; no stay has been issued or approved by the Court; and no party has
shown good cause why the action should remain pending.

ACCORDINGLY,

IT IS ORDERED
that the cases on the attached listing are dismissed for lack of prosecution.

DONE AND ORDERED
in chambers in Clearwater / St. Petersburg / New Port Richey / Dade City,
Pinellas / Pasco County, Florida, this ______day of __________20xx.